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If a patient is not getting cured, can this be termed as medical negligence?

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eMediNexus    26 August 2021

In one of the cases, the Supreme Court of India has observed: iv. “Simply because a patient has not favourably responded to a treatment given by a physician or a surgery has failed, the doctor cannot be held liable per se by applying the doctrine of res ipsa loquitur.”

Reference

  1. Jacob Mathew v. State of Punjab SC / 0457 / 2005 : (2005) 6 SCC 1 (iv).

 

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